Created by Fuzzy Cloud

Patna High Court

Nagmani Pasi @ Nagmani KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the petitioners have no criminal antecedent and no possession of the seized liquor, notwithstanding the bar under Section 76(2).

Summary

The petitioners, Nagmani Pasi and Raja Kumar, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 294 litres of illicit liquor and the driver named them as responsible. The petitioners argued they have no criminal antecedent and no liquor was found in their possession, contending that the FIR does not establish an offence. The State opposed, relying on the driver’s statement. The court, referring to the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in Section 76(2) when the allegations do not constitute an offence. Consequently, the court granted anticipatory bail with a set of conditions and a bond, reserving the right to cancel if antecedents emerge. The order remains effective for four weeks from receipt, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act when the FIR alleges involvement but no possession is recovered.
  • Whether Section 76(2) of the Bihar Prohibition and Excise Act bars the grant of anticipatory bail in such circumstances.
  • Whether the precedent set in Ram Vinay Yadav v. State of Bihar is applicable to the present petition.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 76(2)
  • seizure of liquor
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35435 of 2026
                       Arising Out of PS. Case No.-31 Year-2026 Thana- IMADPUR District- Bhojpur
                 ======================================================
           1.     Nagmani Pasi @ Nagmani Kumar S/O Santosh Pasi @ Santosh Pashi R/o
                  Vill- Charugram (Bihta), P.S.-Imadpur, District-Bhojpur (Bihar).
           2.    Raja Kumar S/o Late Manoj Pasi R/o Vill- Charugram (Bihta), P.S.-Imadpur,
                 District-Bhojpur (Bihar).

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   21-05-2026                  Heard the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Imadpur P.S. Case No. 31 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution story, the Police on secret

                   information, intercepted a tempo and there is recovery/seizure of

                   294 liters of country made liquor. Golu Kumar who was driving

                   the vehicle got arrested and he gave the name of these

                   petitioners as the persons who are responsible for the movement

                   of liquor. This led to the FIR.

                                4. Learned counsel for the petitioners submit that a
Patna High Court CR. MISC. No.35435 of 2026(2) dt.21-05-2026
                                            2/4




          perusal of the paragraph 3 would show that they do not have any

          criminal antecedent and before the Police, Golu Kumar forced

          to name them and nothing has been recovered from their

          conscious possession.

                       5. Further, learned counsel for the petitioners relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that

          arrested person has named them.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from their conscious

          possession and they do not have any criminal antecedent, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the
Patna High Court CR. MISC. No.35435 of 2026(2) dt.21-05-2026
                                            3/4




          statement made in paragraph-3, the petitioners have criminal

          antecedent, the present order shall become infructuous.

                       9. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of concerned Court in connection with Imadpur P.S.

          Case No. 31 of 2026 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his bail bond by the Trial Court itself;

                       (iv) the petitioners shall appear before the concerned

          police station every fortnight for six months to mark their

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be
          Patna High Court CR. MISC. No.35435 of 2026(2) dt.21-05-2026
                                                      4/4




                    taken for the cancellation of the bail bonds;

                                 (v) the petitioners shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (vi) the petitioners shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of their bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.